600.12A Death of person to be adopted — process for final adoption decree.
1. If the person to be adopted dies following the filing of an adoption petition pursuant to section 600.3, but prior to issuance of a final adoption decree pursuant to section 600.13, the juvenile court or court may waive any investigations and reports required pursuant to section 600.8 that remain uncompleted, waive the minimum residence requirements pursuant to section 600.10, proceed to the adoption hearing, and issue a final adoption decree, unless any person to whom notice is to be provided pursuant to section 600.11 objects to the adoption.
2. If the person to be adopted dies following termination of the parental rights of the person’s biological parents but prior to the filing of an adoption petition, the person who was the guardian or custodian of the person to be adopted prior to the person’s death or the person who was in a parent-child relationship with the person to be adopted prior to the person’s death may file an adoption petition and the juvenile court or court in the interest of justice may waive any other procedures or requirements related to the adoption, proceed to the adoption hearing, and issue a final adoption decree, unless any person to whom notice is to be provided pursuant to section 600.11 objects to the adoption.
3. A final adoption decree issued pursuant to this section terminates any parental rights existing prior to the time of its issuance and establishes the parent-child relationship between the adoption petitioner and the person adopted. However, the final adoption decree does not confer any rights on the adoption petitioner to the estate of the adopted person and does not confer any rights on the adopted person to the estate of the adoption petitioner.
98 Acts, ch 1064, §1, 3; 98 Acts, ch 1190, §31; 2000 Acts, ch 1145, §16
Structure Iowa Code
Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES
Section 600.3 - Commencement of adoption action — jurisdiction — forum non conveniens.
Section 600.4 - Qualifications to file adoption petition.
Section 600.5 - Contents of an adoption petition.
Section 600.6 - Attachments to an adoption petition.
Section 600.6A - Court determination regarding appointment of guardian ad litem.
Section 600.7 - Consents to the adoption.
Section 600.7B - Postadoption information.
Section 600.8 - Placement investigations and reports.
Section 600.9 - Report of expenditures — penalty.
Section 600.9A - Prohibited practices — penalties.
Section 600.10 - Minimum residence of a minor child.
Section 600.11 - Notice of adoption hearing.
Section 600.12 - Adoption hearing.
Section 600.12A - Death of person to be adopted — process for final adoption decree.
Section 600.13 - Adoption decrees.
Section 600.14 - Appeal — rules.
Section 600.14A - Standby adoption.
Section 600.15 - Foreign and international adoptions.
Section 600.16 - Adoption record — penalty for violations.
Section 600.16A - Termination and adoption records closed — exceptions — penalty.
Section 600.17 - Financial assistance.
Section 600.18 - Determination of assistance.
Section 600.19 - Amount of assistance.
Section 600.20 - Availability of assistance.
Section 600.21 - Termination of assistance.
Section 600.23 - Adoption assistance compact.